Two Restatement projects, Economic Harm Torts and Liability Insurance, were reviewed and approved for the final time by ALI membership at the 2018 Annual Meeting, marking the completion of both projects.
Kyle D. Logue Posts
Waiver and Estoppel – Part 2
by Kyle D. Logue | May 18, 2018 | Liability Insurance
The following entry contains the complete text of the Black Letter, Comments, and Reporters’ Notes from Proposed Final Draft No. 2 of Section 6. Estoppel.
Waiver and Estoppel – Part 1
by Kyle D. Logue | May 17, 2018 | Liability Insurance
The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver.
Plain Meaning and Ambiguous Terms
by Kyle D. Logue | May 3, 2018 | Liability Insurance
Since the 2017 Annual Meeting, many changes have been made to the Liability Insurance project draft. Sections 3 and 4, The Plain-Meaning Rule and Ambiguous Terms, have both been significantly revised to reflect the decision to adopt a plain meaning rule.
Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies
by Kyle D. Logue | Apr 25, 2018 | Liability Insurance
In the video below, Liability Insurance project Reporter Kyle Logue discusses Long Tail Claims, and the issues surrounding them. Included below the video is the Black Letter and Comment from the 2018 Annual Meeting draft.
Liability Insurance – Long Tail Claims
by Kyle D. Logue | Mar 5, 2018 | Liability Insurance
Project Reporter Kyle D. Logue discusses Long Tail Claims.
In Defense of the Restatement of Liability Insurance Law
by Kyle D. Logue | May 17, 2017 | Liability Insurance
In a recent essay funded by the insurance industry, Yale Law Professor George Priest launched a strident critique of the Restatement project, arguing that the rules adopted in the Restatement (a) are radically contrary to existing case law, (b) have a naïve “pro-policyholder” bias that ignores basic economic insights regarding how insurance works, and (c) will, as a result of (a) and (b), lead to increases in liability insurance premiums and disruption in coverage, to the detriment of individuals and firms that need liability insurance. This essay argues that each of these claims is false.
The Insurer’s Duty to Make Reasonable Settlement Decisions
by Kyle D. Logue | Apr 20, 2017 | Liability Insurance
As a follow up to our post on the Council Draft text of this section, we now present the test from the Proposed Final Draft of Section § 24 – The Insurer’s Duty to Make Reasonable Settlement Decisions.
Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies
by Kyle D. Logue | Apr 4, 2017 | Liability Insurance
As a continuation of our post series that includes content of ALI drafts, we now include Section 42 – Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies.
Duty to Make Reasonable Settlement Decisions
by Kyle D. Logue | Dec 27, 2016 | Liability Insurance
The project specifically uses the phrase “duty to make reasonable settlement decisions,” rather than “duty to settle.” The Reporters use this phrase to emphasize that “duty to settle” is not entirely accurate; rather, there is a duty to make reasonable decisions in relation to settlement.